IP and Legal Filings

JULY 11, 2024

INTRODUCTION In the United States as well as in India, application for a trademark may be rejected for several different reasons. GENERAL REFUSAL REASONS FOR A TRADEMARK Likelihood of Confusion: The first reason for refusal is that it is often considered that the use of the trademark will lead to confusion with similar trademarks.

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IP Tech Blog

AUGUST 11, 2023

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

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LexBlog IP

AUGUST 11, 2023

The recent draft amendment of the Chinese trademark law seems to finally zero in on trademark squatters, as described in my previous blog here ). The new regulations, if approved as drafted, will make it more difficult for squatters to steal others’ trademark by abusing the first-to-file system in force in China.

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JD Supra Law

MARCH 3, 2023

A trademark can be any word, phrase, symbol, design, or a combination of these features that helps differentiate your goods or services from others. Businesses should consider seeking trademark registrations to protect their brands against unauthorized use by others, but also because a registered trademark can add credibility to your brand.

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Patent Trademark Blog

MAY 9, 2023

Why register your trademark in a foreign country? While I’ve discussed how to file foreign trademark applications , let’s dig into the why question. That means a US trademark registration does not provide the trademark owner with rights outside the United States. IP rights are territorial.

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Erik K Pelton

FEBRUARY 28, 2022

The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. And one very important application for our purposes is that when it comes to trademark registration and the protections created by it–the benefits created by it–the sum really is greater than the parts.

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IP Watchdog

APRIL 10, 2023

Just days after a complaint was filed against restaurant chain Sweetgreen by Chipotle Mexican Grill for trademark infringement, dilution, and deceptive business practices, Sweetgreen has changed the name of its offending product in order to reach possible settlement.

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Biswajit Sarkar Copyright Blog

JULY 13, 2024

Trademark rectification is an essential procedure to amend the mistakes or inconsistencies in a registered trademark. Chapter VII of the Trademark Act, 1999 deals with the process to rectify and make corrections to the trademark. Any type of error or defect detected in any entry of the Register.

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IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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Erik K Pelton

JANUARY 31, 2022

See 2018: Beware of scam from WTMR – World Trademark Register. See 2021: Beware of latest trademark scam from WTMR, LLC. The “Word Trademark Register” is not any official database or directory. For more information, see: How to avoid being taken by a trademark scam. Is This A Trademark Scam?®.

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43(B)log

MARCH 10, 2023

Zamfir alleged that CasperLab’s officers and agents told him that they would register the Casper trademark on his behalf, so he didn’t register the Casper trademark himself. Instead, CasperLab filed two trademark applications to register the Casper mark in its own name.

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Greenspoon Marder LLP

MAY 21, 2021

Featuring: Sharon Urias, Partner and Justin McNaughton, Partner Our You, Me & IP series joins Innovation Week to discuss the considerations and issues businesses can encounter while registering trademarks to stop infringing imports. The post GM Innovation Week: Catch You at the Border: Registering Trademarks With U.S.

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Erik K Pelton

OCTOBER 9, 2020

In this video, I share for the first time some of the favorite insights and lessons learned after more than 20 years of helping businesses register trademarks and protect brands. For example, did you know that I used file applications on paper, and deliver them by hand to the USPTO! For more on my experience, see [link].

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IP and Legal Filings

APRIL 13, 2023

A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. The more successful a business is the more valuable the trademark becomes.

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Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.

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IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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Above the Fold

JULY 7, 2021

Throughout this summer, the United States Patent and Trademark Office (USPTO) is offering its series of virtual webinars dubbed “Trademark Basics Boot Camp.” The series appears to be tailored to small business owners and entrepreneurs and is broken up into eight modules focused on discrete topics.

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JD Supra Law

MAY 26, 2022

Proposed in May 2021 and adopted on May 25, 2022, Bill 96 amends the Charter of the French Language (the “Charter”) – the statute governing the use of French as the language of business in the province of Quebec, including contracts and trademarks. By: Dickinson Wright

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LexBlog IP

JULY 7, 2021

Throughout this summer, the United States Patent and Trademark Office (USPTO) is offering its series of virtual webinars dubbed “Trademark Basics Boot Camp.” ” The series appears to be tailored to small business owners and entrepreneurs and is broken up into eight modules focused on discrete topics.

Business 52

Business Trademark Intellectual Property Registration 52

Erik K Pelton

JANUARY 4, 2021

The following is an edited transcript of my video Do Restaurants Need Trademark Protection ? Over the years I’ve had the fortune to work with a tremendous variety of businesses as clients, from accountants, to real estate agents, to software companies, to clothing companies, to bloggers and websites.

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IP and Legal Filings

JUNE 10, 2024

PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. it filed for a trademark infringement and unfair advantage suit in the court against Parle Agro. For the Bold!”, For the Bold!” Antox India (P) Ltd.

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Patent Trademark Blog

JULY 11, 2023

How do you register a trademark successfully? Anyone can file a trademark application with the USPTO. The challenge is not in filling out a USPTO online trademark form, but in doing the pre-filing due diligence necessary to ensure a smoother examination process. Need to register a trademark?

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Erik K Pelton

APRIL 2, 2021

How many businesses need to lose money, and how much attorney time needs to be lost before more is done? The various scams are undermining trust in the entire trademark system by causing doubt and spreading misinformation. The “Word Trademark Register” is not any official database or directory. It has no real benefits.

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IP and Legal Filings

SEPTEMBER 19, 2023

The process for registering a trademark in India begins with the filing of an application with the Intellectual Property India (IPI), the national trademark office. If the trademark is found to be eligible, it will be published in the Trademarks Journal, and any interested party will have a chance to oppose the registration.

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Erik K Pelton

JANUARY 26, 2021

The following is an edited transcript of my video “How Can You Avoid Losing Your Trademark Rights Over Time?” ” There are four things that a trademark owner should do to ensure that they don’t lose the strength or protection in their trademark, even after it’s registered.

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LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 8 This is the eighth in a series of posts about the benefits of having your trademark registered. In the digital age, where online presence is integral to business success, safeguarding your brand’s identity across the virtual landscape is a priority.

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IPilogue

AUGUST 18, 2022

This Act modifies the use of French language in business and commerce in the province of Québec. Among a variety of aspects affected in business operations, the Act greatly tightened the requirements regarding the use of French in trademarks and public signage. Non-compliance under Bill 96 may trigger harsher punishments, too.

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Kashishipr

MARCH 30, 2022

It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article).

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Above the Fold

MARCH 31, 2022

The United States Patent and Trademark Office (USPTO) maintains two trademark Registers: the Principal Register and the Supplemental Register. As the chart below shows, these Registers share some important commonalties but also have key differences. Principal Register. Supplemental Register.

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Erik K Pelton

MAY 31, 2022

Logos can become registered trademarks too. In this episode, Erik shares several examples of great logos and why businesses ought to consider protecting logo designs. Logos can become registered trademarks too. The post The Value of a Great Logo appeared first on Erik M Pelton & Associates, PLLC.

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Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark.

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Selvam & Selvam Blog

JULY 28, 2023

the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. Can the registered trademark owner seek relief based on passing off?

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Intepat

JUNE 25, 2024

Introduction Trademark licensing is a legal phenomenon where a trademark owner (Licensor) grants permission to another (Licensee) to use the trademark on mutually agreed terms and conditions. Hence, it reduces the uncertainty associated with the licensing of trademarks.

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IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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azrights

OCTOBER 27, 2023

Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. The cancellation of Lacoste’s trademark paved the way for Crocodile to register its own crocodile logo in New Zealand.

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Kashishipr

JANUARY 12, 2022

Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

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JD Supra Law

APRIL 29, 2024

Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol) in advertising a specific rice product called RIGTHRICE. By: Fox Rothschild LLP

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